The will's heavily lopsided distribution was not justified by the deceased's stated reasons: court
The BC Supreme Court has ruled to partially vary a will in response to claims by the deceased’s two daughters for a more equitable distribution.
The deceased's will allocated $200,000 each to the two daughters, with the remainder of the estate left to her son, who was also appointed as executor. The daughters contended that the will did not make adequate provision for them and sought an equal estate distribution among the three siblings. The son opposed the action, arguing that the will reflected their mother's testamentary wishes, supported by a letter she had signed before her death.
The court summarized the deceased's life and family background, noting her sharp wit, vibrant personality, and turbulent relationships, particularly with her children. She had periods of estrangement from both daughters due to various personal conflicts and disputes. In contrast, she maintained a close relationship with her son, who provided significant emotional and practical support over the years.
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The Supreme Court examined the reasons for her testamentary choices outlined in the letter, expressing her rationale for leaving the bulk of her estate to her son. The letter cited one daughter's prolonged absence and the "chasm" between her and the other daughter while praising the son's consistent support and companionship.
While the daughters did not dispute the estrangements, they argued that these rifts were primarily caused by their mother's actions and that her reasons for the unequal distribution were unfair. The court found evidence supporting the daughters' assertions that the deceased's behaviour often contributed to the breakdowns in their relationships.
The court concluded that the will's heavily lopsided distribution in the son's favour was not justified by the mother's stated reasons, which were influenced by her vindictive tendencies and her fluctuating relationships with her children. However, the court acknowledged the son's special role in her life and determined that some favouritism was warranted.
As a result, the court ordered a variation of the will, distributing 50 percent of the estate to the son and 25 percent each to the daughters after paying the cash gifts to the deceased's doctor and friend.